HB 1457-1_ Filed 03/13/2013, 14:56



    The Senate Committee on Pensions and Labor, to which was referred House Bill No. 1457, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 3, line 14; (13)CR145701.3. -->     Page 3, line 14, delete "(i)," and insert " section 1.5 of this chapter,".
    Page 4, delete lines 21 through 33, begin a new paragraph and insert:
SOURCE: IC 22-4-11-1.5; (13)CR145701.2. -->     "SECTION 2. IC 22-4-11-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1.5. (a) As used in this section, "erroneous payment" means a payment that would not have been made but for the failure by an employer or a person acting on behalf of the employer with respect to a claim for unemployment benefits to which the payment relates.
    (b) As used in this section, "pattern of failure" means a repeated and documented failure by an employer or a person acting on behalf of an employer to respond to requests for information made by the department, taking into consideration the number of failures in relation to the total number of requests received by the employer or the person acting on behalf of an employer.
    (c) The experience account of an employer may not be relieved of charges for a benefit overpayment from the state's unemployment insurance benefit fund established by IC 22-4-26-1, if the department determines that:
        (1) the erroneous payment was made because the employer or a person acting on behalf of the employer was at fault in failing to respond in a timely or adequate manner to the department's written request for information relating to the claim for unemployment benefits; and
        (2) the employer or a person acting on behalf of the employer has established a pattern of failure to respond in a timely or adequate manner to department requests described in subdivision (1).
SOURCE: Page 7, line 18; (13)CR145701.7. -->     Page 7, line 18, delete "greater of five percent (5%)" and insert " lesser of four percent (4%)".
    Page 7, between lines 31 and 32, begin a new paragraph and insert:
SOURCE: IC 22-4-11-4; (13)CR145701.4. -->     "SECTION 4. IC 22-4-11-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) If the commissioner finds that any employer has failed to file any payroll report or has filed a report which the commissioner finds incorrect or insufficient, the commissioner shall make an estimate of the information required from the employer on the basis of the best evidence reasonably available to the commissioner at the time and notify the employer thereof by mail addressed to the employer's last known address. Except as provided in subsection (b), unless the employer files the report or a corrected or sufficient report, as the case may be, within fifteen (15) days after the mailing of the notice, the commissioner shall compute the employer's rate of contribution on the basis of the estimates, and the rate determined in this manner shall be subject to increase but not to reduction or decrease on the basis of subsequently ascertained and verified information. The estimated amount of contribution is considered prima facie correct.
    (b) The commissioner may adjust the amount of contribution estimated in this manner on the basis of information ascertained after the expiration of the notice period if the employer or other interested party:
        (1) makes an affirmative showing of all facts alleged as a reasonable cause for the failure to timely file any payroll report; and
        (2) submits accurate and reliable payroll reports.".
SOURCE: Page 8, line 40; (13)CR145701.8. -->     Page 8, line 40, after "services" insert ",".
    Page 8, line 40, reset in roman "such as job search".
    Page 8, reset in roman lines 41 through 42.
    Page 9, reset in roman line 1.
    Page 17, after line 2, begin a new paragraph and insert:
SOURCE: ; (13)CR145701.9. -->     "SECTION 9. [EFFECTIVE JULY 1, 2013] (a) As used in this SECTION, "committee" refers to the unemployment insurance oversight committee established by IC 2-5-30-3.
    (b) The general assembly urges the legislative council to assign the committee the task of studying the following issues:
        (1) The use of debit cards to pay unemployment insurance benefits.
        (2) The direct deposit of unemployment insurance benefits to a claimant's own checking or savings account.
    (c) If the committee is assigned the topics described in subsection (b), the committee shall issue to the legislative council a final report containing the committee's findings and recommendations, including any recommended legislation concerning the topics, in an electronic format under IC 5-14-6 not later than November 1, 2013.
    (d) This SECTION expires January 1, 2014.
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1457 as printed January 29, 2013.)

and when so amended that said bill do pass.

Committee Vote: Yeas 5, Nays 3.



CR145701/DI 102    2013